Code of Alabama

Ala. Code § 6-10-24 (2026)

Declaration of Claimed Exemptions - Effect of Waiver or Contest.

✓ official Alabama Legislature (ALISON) text, current July 2026

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After such declaration of claim has been filed for record, the property therein embraced shall not be subject to levy unless there is endorsed on the process the fact that there has been a waiver of exemption as to the kind of property on which the levy is sought to be made or the claim is contested.

(Code 1876, §2830; Code 1886, §2519; Code 1896, §2045; Code 1907, §4172; Code 1923, §7894; Code 1940, T. 7, §637.)

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1987–2021 · leading case: Crews v. Jackson, 218 So. 3d 368 (Ala. Civ. App. 2016).

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Crews v. Jackson, 218 So. 3d 368 (Ala. Civ. App. 2016). · cites it 4× “” In addition, Ala. Code 1975, § 6-10-24, provides: “After such declaration of claim has been filed for record, the property therein embraced shall not be subject to levy unless there is endorsed on the process the fact that there has been a waiver of exemption as to the kind of…”

Ex Parte Avery, 514 So. 2d 1380 (Ala. 1987). “Moreover, § 6-10-24 provides: After such declaration of claim has been filed for record, the property therein embraced shall not be subject to levy unless there is endorsed on the process the fact that there has been a waiver of exemption as to the kind of property on which the…”

Young v. Strong, 694 So. 2d 27 (Ala. Civ. App. 1997). “is invalid in part or is excessive, specifying wherein such invalidity or excess consists, and if excessive, also specifying the property alleged to be in excess.” Section 6-10-23 provides that a claim of exemption shall be considered “prima faeie correct”; the property claimed…”

Avery v. East Alabama Med. Ctr., 514 So. 2d 1380 (Ala. 1987). “Moreover, § 6-10-24 provides: After such declaration of claim has been filed for record, the property therein embraced shall not be subject to levy unless there is endorsed on the process the fact that there has been a waiver of exemption as to the kind of property on which the…”

Trawick v. Berthel Fisher & Co. Fin. Servs. Inc (N.D. Ala. 2021). · cites it 3× “Setting aside that Petitioners have not presented an affidavit, see Ala. Code § 6-10-24 , or any other form of admissible evidence specifying why the claim of exemption is invalid, the court finds that all of Petitioners’ arguments challenging the claimed exemption fail.”

Gutzmore v. Bartholomew, 69 So. 3d 190 (Ala. Civ. App. 2011). “” § 6-10-24, Ala.Code 1975. Gutzmore did not waive his exemption; thus, Gutzmore’s wages cannot be subject to garnishment unless Bartholomew properly contested Gutzmore’s claim of exemption.”

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